Practice area – DMV Hearing
Need to win a DMV hearing in Riverside County?
You have 10 days from arrest to request a DMV hearing – or your license is automatically suspended. The DMV hearing is separate from criminal court and can save your license.
Available 24/7
What you’re facing
The DMV Administrative Per Se (APS) hearing is a separate proceeding from the criminal DUI case. After a DUI arrest, the DMV issues an Order of Suspension. Your license will be automatically suspended in 30 days unless you request a hearing within 10 days of arrest. The hearing addresses three issues only: (1) did the officer have reasonable cause to believe you were driving under the influence; (2) were you lawfully arrested; (3) were you driving with .08 BAC or did you refuse testing. Burden of proof at DMV is lower than criminal court – preponderance of the evidence, not beyond a reasonable doubt.
Defenses I build
DMV hearings are won by attacking the officer report, the breath/blood evidence, and the procedure. I subpoena the arresting officer for cross-examination, challenge breath test machine maintenance records, dispute blood draw chain of custody, and identify procedural errors in the arrest paperwork. Many DMV hearings are won simply because the officer fails to appear or the breath test calibration logs are missing. Winning the DMV hearing preserves your driving privileges – and the evidentiary record from the DMV hearing often becomes useful in the criminal case.
DMV Hearing Case Results
Charged With
Case result available on consultation
Outcome
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DUI – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
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DUI – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
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DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
DUI – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
DUI – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
DUI – Riverside Co.
Common Questions
What is the 10-day deadline?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
Can I drive after a DUI arrest?
Yes, in most cases. After arrest, the officer takes your physical license and issues a 30-day temporary license. If you request a DMV hearing within 10 days, the temporary license is extended until the hearing decision. If you do not request a hearing, the suspension takes effect at day 31. If you win the DMV hearing, your driving privileges remain unaffected (subject to the outcome of the criminal case).
What happens if I lose the DMV hearing?
Your license is suspended for a period that depends on the charge and your record: typically 4 months for a first-time DUI suspension, 12 months for a refusal, longer for repeat offenders. Restricted licenses (work, school, treatment) may be available after a portion of the suspension. The DMV decision can also be appealed to Superior Court via writ of mandate, though this is challenging.
The DMV Hearing Process
Understanding the process helps you understand what is at stake at each step.
10-Day Deadline (Critical)
Must request hearing within 10 days of arrest or license is automatically suspended.
Temporary License
30-day temporary license issued. Hearing request extends it.
Hearing Format
Conducted by DMV hearing officer (not a judge). In person, by phone, or written.
Subpoena Powers
Defense can subpoena arresting officer, breath test records, and other evidence.
Issues Limited to Three
Reasonable cause, lawful arrest, BAC or refusal. No other defenses considered.
Burden of Proof
Preponderance of evidence – far below criminal court reasonable doubt standard.
Decision Timeline
Decision usually mailed within 7-30 days after the hearing.
Appeal Rights
Adverse decision can be appealed to Superior Court via writ of mandate.
Why the DMV Hearing Matters
Many DUI defendants and even some attorneys treat the DMV hearing as an afterthought. Critical reasons not to:
- Winning the DMV hearing means your license stays valid throughout the criminal case
- Losing means automatic 4-12 month suspension regardless of what happens in criminal court
- The 10-day deadline is HARD – miss it and you lose this defense option entirely
- Cross-examining the officer at DMV creates impeachment material for the criminal case
- The lower burden of proof at DMV makes some defenses possible there that would not work in criminal court
I handle the DMV hearing in every DUI case. It is often the difference between keeping your job and losing it.